Chissoe v. Zinke

1 Citing case

  1. Maralex Res., Inc. v. Barnhardt

    913 F.3d 1189 (10th Cir. 2019)   Cited 10 times   1 Legal Analyses

    We are not aware of, nor has the BLM cited to, any authority holding that preservation of the issue before the IBLA is a jurisdictional prerequisite. See Air Courier Conference of Am. v. Am. Postal Workers Union AFL-CIO, 498 U.S. 517, 523 n.3, 111 S.Ct. 913, 112 L.Ed.2d 1125 (1991) ("The judicial review provisions of the APA are not jurisdictional ...."); Chissoe v. Zinke, 725 F. App'x 614, 621 (10th Cir. 2018) (stating that "judicial exhaustion requirements under the APA are prudential only."); Vietnam Veterans of Am. v. Shinseki, 599 F.3d 654, 661 (D.C. Cir. 2010) ("We think the proposition that the review provisions of the APA are not jurisdictional is now firmly established.").In this case, the issue of the BLM’s statutory and regulatory authority has been fully briefed and argued in this court by both sides.